B-199035, JULY 1, 1981, 60 COMP.GEN. 561

B-199035, JULY 1, 1981, 60 COMP.GEN. 561

TRAVEL EXPENSES - MILITARY PERSONNEL - TRANSFERS - TO SHIP OR OTHER MOBILE UNIT - AFTER HOME PORT CHANGE ANNOUNCEMENT - TRAVEL ENTITLEMENTS WHEN THE HOME PORT OF A SHIP OR OTHER MOBILE UNIT TO WHICH A NAVY MEMBER IS BEING TRANSFERRED IS IN THE PROCESS OF BEING CHANGED THE MEMBER MAY ACCOMPANY HIS DEPENDENTS OR OTHERWISE TRAVEL TO THE NEWLY DESIGNATED HOME PORT PRIOR TO REPORTING TO THE SHIP OR OTHER MOBILE UNIT IF THAT TRAVEL IS AUTHORIZED BY AMENDMENT TO THE JOINT TRAVEL REGULATIONS, PROVIDED THE TRAVEL IS NECESSARY TO ASSIST IN THE TRANSPORTATION OF THE MEMBER'S DEPENDENTS OR PROPERTY.

MATTER OF: TRAVEL INCIDENT TO CHANGE IN HOME PORT, JULY 1, 1981:

THIS ACTION IS IN RESPONSE TO A REQUEST FROM THE ACTING ASSISTANT SECRETARY OF THE AIR FORCE (MANPOWER, RESERVE AFFAIRS AND INSTALLATIONS) AS TO WHETHER VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR) MAY BE AMENDED TO COVER A PARTICULAR SITUATION INVOLVING NAVY MEMBERS ASSIGNED TO SHIPS STAFFS AND OTHER MOBILE UNITS WHICH HAVE HOME PORTS. WHEN SUCH MEMBERS ARE ORDERED ON A PERMANENT CHANGE OF STATION TO A SHIP, STAFF OR MOBILE UNIT AFTER A HOME PORT CHANGE FOR THAT UNIT IS ANNOUNCED, THE PROPOSAL IS TO PERMIT THE MEMBER TO TRAVEL TO THE NEW HOME PORT TO ASSIST HIS DEPENDENTS TO RELOCATE THERE AND THEN REPORT FOR DUTY AT THE LOCATION OF THE UNIT, ALL AT GOVERNMENT EXPENSE. THIS MATTER HAS BEEN ASSIGNED CONTROL NO. 80-23 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE QUESTION IN THE PRESENT CASE IS WHETHER 1 JTR MAY BE AMENDED TO AUTHORIZE A MEMBER TO TRAVEL AT GOVERNMENT EXPENSE TO A NEWLY DESIGNATED HOME PORT TO ASSIST IN DEPENDENTS' RELOCATION AND CONTINUE AT GOVERNMENT EXPENSE TO TRAVEL TO THE LOCATION OF THE SHIP OR MOBILE UNIT AT THE OLD HOME PORT. THE ANSWER TO THE QUESTION IS YES.

IN 57 COMP.GEN. 198, THE QUESTION WAS WHETHER 1 JTR COULD BE AMENDED TO PERMIT A MEMBER, WHO IS ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION AND WHO HAS RECEIVED PERMANENT CHANGE OF STATION ORDERS, MAKING THAT STATION HIS PERMANENT STATION, TO TRAVEL AT GOVERNMENT EXPENSE TO HIS OLD DUTY STATION FOR PURPOSES OF ASSISTING HIS DEPENDENTS TO RELOCATE. AUTHORIZING THE AMENDMENT, WE STATED GENERALLY THAT SINCE CHANGES OF DUTY ASSIGNMENTS ARE FOR THE PURPOSE OF CARRYING OUT THE GOVERNMENT'S BUSINESS, IT IS A MATTER OVER WHICH THE MEMBER HAS NO CONTROL. WE CONCLUDED BY SAYING THAT THE RATIONALE FOR TRAVEL AND TRANSPORTATION ENTITLEMENTS WAS THAT MEMBERS SHOULD NOT BE REQUIRED TO EXPEND PERSONAL FUNDS FOR TRAVEL AND TRANSPORTATION WHICH RESULTS FROM PERMANENT CHANGE OF STATION.

WE HAVE TODAY ISSUED A DECISION IN FEDDERMAN AND ESPIRITU, 60 COMP.GEN. . . . (B-200285, B-200857), IN WHICH THE RULE IN 57 COMP.GEN. 198 WAS INTERPRETED TO PERMIT TRAVEL FROM A TEMPORARY DUTY STATION TO THE OLD PERMANENT DUTY STATION WHEN A TRANSFER OF STATION OCCURRED AFTER A PERIOD OF TEMPORARY DUTY EVEN THOUGH THE NEW PERMANENT DUTY STATION WAS DESIGNATED PRIOR TO THE MEMBER'S DEPARTURE ON TEMPORARY DUTY. TRAVEL AT GOVERNMENT EXPENSE IN THOSE CIRCUMSTANCES MAY BE ALLOWED ONLY IF THE JTRS ARE AMENDED TO PROVIDE FOR IT, AND ONLY TO THE EXTENT THAT TRAVEL BY THE MEMBER IS PERFORMED TO ASSIST IN RELOCATING DEPENDENTS AND PROPERTY.

SINCE DEPENDENTS AND HOUSEHOLD EFFECTS ARE MOVED TO THE NEW HOME PORT AT GOVERNMENT EXPENSE, WE BELIEVE THAT THE REASONING IN 57 COMP.GEN. 198 AS AMPLIFIED IN FEDDERMAN AND ESPIRITU IS EQUALLY APPLICABLE TO THIS SITUATION. THAT IS, THE MEMBER SHOULD NOT BE REQUIRED TO TRAVEL AT HIS OWN EXPENSE TO THE PLACE TO WHICH HIS DEPENDENTS AND HOUSEHOLD EFFECTS ARE BEING TRANSPORTED AT GOVERNMENT EXPENSE IF TRAVEL TO THAT PLACE IS NECESSARY TO ASSIST IN TRANSPORTATION OF DEPENDENTS, HOUSEHOLD GOODS OF PERSONAL EFFECTS OR A PRIVATELY OWNED CONVEYANCE.

ACCORDINGLY, 1 JTR MAY BE AMENDED TO AUTHORIZE THE MEMBER TO TRAVEL AT GOVERNMENT EXPENSE TO THE NEWLY DESIGNATED HOME PORT OF HIS SHIP OR OTHER MOBILE UNIT AND THENCE TO THE LOCATION OF THAT SHIP OR UNIT. SUCH TRAVEL MUST BE FOR THE PURPOSE OF ASSISTING IN THE RELOCATION DEPENDENTS, HOUSEHOLD OR PERSONAL EFFECTS OR A PRIVATELY OWNED CONVEYANCE. FURTHER, TRAVEL TO THE HOME PORT MAY BE AUTHORIZED WHEN THE SHIP OR MOBILE UNIT IS AWAY FROM THE HOME PORT OR AT THE OLD HOME PORT DURING A PERIOD OF TRANSITION.

WE TRUST THAT THIS DETERMINATION WILL PERMIT APPROPRIATE AMENDMENTS TO THE REGULATIONS IN ALL THE CIRCUMSTANCES PRESENTED.